rtJ-aoEIND 

MAR - 9 2015 

RA-15-01006 

U.S. Department of Transportation 

Docket Operations 

John A. Hamilton 

Lead Administrator 

Regulatory Administration 

Commercial Airplanes 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

The Boeing Company 

P.O. Box 3707 MC 03-56 

Seattle, WA 98124-2207 

Subject: Petition for Exemption from 14 CFR part 21, 

sections 21.35(a), (b)(2), and (f)(2), Amendment 

21-95, Function and Reliability 

Model: 767-2C 

RA Project No.: PS09-0863 

EASA Project No.: NIA 

EASALevel: N/A 

Branch/Panel No.: ANM-l06B 

Branch/Panel Name: Certification Services 

Response Requested: July 17, 2015 

Reference(s): N/A 

Special Instructions: N/A 

This letter submits: 

(X) Petition for Exemption 

This letter is sent for: 

(X) Posting to the Federal Docket 

The Boeing Company hereby petitions for an exemption for relief from 

14 CFR 21.35(a), (b)(2), and (f)(2), Amendment 21-95. 

To support the 767-2C program schedule, The Boeing Company requests that the 

enclosed information be processed by July 17, 2015. Furthermore, The Boeing 

Company requests to be notified when the enclosed petition processing has 

completed. 
rp.__aDEIND 

Page2 

RA-15-01 006 

Please contact this office or the following individuals if you have any 

questions: 

Project Administrator (PA): 

Program Manager 

Certification Lead/Specialist: 

P. Guilford 

T.Howorth 

E. Leonen-Jr 

425-237-5981 

425-717-9847 

425-786-8753 

The information being forwarded to the FAA by or with this correspondence is 

for the exclusive purpose of support of applications for or amendments to Type 

Certificates, is considered proprietary to The Boeing Company and/or its 

suppliers, and is provided on a confidential basis. 

The data provided should be returned to Boeing immediately following use by 

the FAA, including any copies thereof which the FAA may be required to make 

in the course of its review. Boeing does not authorize the FAA to retain any 

portion of the materials being supplied. 

Sincerely, 

Digitally signed by 

-;;L___ c -#-- 28560 .:::;:::?'- ~ -<'t' Date: 2015.03.06 

13:07:27 -08'00' 

for 

Douglas M. Lane 

ODA Deputy Lead Administrator 

(425) 237-1383, MC 03-56 

FAX: ( 425) 294-9340 

Enclosure: Petition for Exemption 

cc 

Name 

Jim Cashdollar 

Angelos G. Xidias 

Letter 

SP 

SP 

Enclosures 

SP 

SP 

Comments 

ANM-100B 

ANM-100B 
Enclosure to RA-15-01006 

Page 1 of6 

Petition for Exemption from Title 14 Code of Federal Regulations sections 21.35(a), (b)(2) 

and (f)(2), Amendment 21-95, Function and Reliability 

Name and Address of the Petitioner 

Douglas M. Lane, Director 

Commercial Airplanes 

The Boeing Company 

PO Box 3707 MC 03-56 

Seattle, Washington 98124-2207 

Section(s) of the Regulations from which Relief is sought: 

Title 14 CFR 21.35(a) and (b)(2) at Amendment 21-95 requires the applicant to make all flight 

tests to assure that the aircraft, its components, and its equipment are reliable and function 

properly. 

§ 21.35 Flight tests. 

(a) Each applicantfor an aircraft type certificate (other than under §§21.24 

through 21.29) must make the tests listed in paragraph (b) of this section. 

Before making the tests the applicant must show-

(b) Upon showing compliance with paragraph (a) of this section, the applicant 

must make all flight tests that the FAA.finds necessary--

(2) For aircraft to be certificated under this subchapter. except gliders 

and except reciprocating engine powered airplanes of 6, 000 lbs. or 

less maximum cert?ficated weight that are to be certificated under part 

23 o.fthis chapter, to determine whether there is reasonable assurance 

that the aircraft, its components, and its equipment are reliable and 

function properly. 

Title 14 CFR 21.35(f)(2) at Amendment 21-95 requires that the flight tests prescribed in 

paragraph (b )(2) for aircraft incorporating turbine engines of a type previously used in a type 

certificated aircraft must include at least 150 hours of operation. 

§ 21.35 Flight tests. 

(f) The flight tests prescribed in paragraph (b)(2) o.fthis section must include--

(2) For all other aircraji, at least 150 hours of operation. 

Extent of Relief Sought and Reason 

Boeing requests relief from certain aspects of§ 21.35(a), (b)(2) and (f)(2), specifically, the 

requirement to complete Function and Reliability (F&R) testing prior to receiving an Amended 

Type Certificate (ATC). Boeing requests to be able to defer the completion of Boeing Model 
Enclosure to RA-15-01006 

Page 2 of6 

767-2C F&R testing until after ATC approval of the 767-2C minor model, but prior to the 767-

2C being put into initial operational service. Boeing proposes to complete all required testing and 

incorporate any changes to the Type Design, required to comply with CFR part 21 requirements, 

which the FAA deems necessary while all 767-2C aircraft remain under ownership and control 

of the Boeing Company. 

The 767-2C is being certified for use as a United States Air Force (USAF) KC-46 aerial 

refueling tanker (a public use aircraft), which will replace aging KC-10 and KC-135 tankers. 

The tanker configuration is comprised of the A TC configuration and the installation of an 

additional Supplemental Type Certificate (STC). The STC configuration is additive and will not 

impact F&R testing as applicable to the ATC configuration. 

This proposed relief will allow Boeing to be able to more fully evaluate the end-state KC-46 

tanker configuration (ATC plus STC) that will be operated by the USAF. Contractual 

requirements with the USAF require the conduct of extensive f1ight test hours in the KC-46 (i.e., 

A TC plus STC) configuration that are representative of tanker operations. These USAF flight 

test hours will be after FAA issuance of the A TC, but prior to initial entry into operational 

service. Boeing proposes to use these f1ight test hours to establish function and reliability rather 

than conduct redundant testing on the 767-2C configuration prior to issuance of the 767-2C 

A TC. Conducting redundant and dedicated testing on the 767-2C ATC configuration would 

delay aircraft delivery to the USAF. 

Regulation Requires: Relief (for a limited time) is necessary because: 

14 CFR 21.35(a) Each applicant for an Scheduling redundant Function and Reliability 

Amendment 21-95 aircraft type certificate flight test hours prior to ATC approval would 

(other than under §§21.24 delay aircraft delivery to the USAF. 

through 21.29) must Additionally, testing of the combined A TC and 

make the tests listed in STC configuration is more representative ofthe 

paragraph (b) of this USAF end state tanker aircraft and better 

section supports the intent of function and reliability 

testing for this aircraft. 

14 CFR 21.35(b )(2) Flight tests to determine 

Amendment 21-95 that there is reasonable 

assurance that the aircraft, 

its components, and its 

equipment are reliable 

and function properly. 

14 CFR 21.35(f)(2) At least 150 hours of 

Amendment 21-95 operation for aircraft 

incorporating turbine 

engines previously used 

in a type certified aircraft. 
Enclosure to RA-15-01006 

Page 3 of6 

Boeing proposes a time limit in the Type Certification Data Sheet (TCDS) for the relief sought 

by this petition for exemption. The time limit proposed is shown; 

Time Limited Grant ofExemption § 21.35(a), (b)(2) and (f)(2), relieffrom the 

requirement that function and reliability testing be completed as a condition for obtaining 

an amended type certificate; Exemption No. XXXX, Month dd, yyyy (Relief expires at 

the time of aircraft delivery or ownership is transferred from the Boeing Company). 

Boeing also proposes to add the following to the Additional Design Requirements and 

Conditions (ADRC) ofthe Model 767 TCDS: 

14 CFR 21.35(a), (b )(2) and (f)(2)- Function and Reliability Testing 

Boeing may not transfer any ownership interest in any model 767-2C aircraft, and any 

such aircraft may only be f1own by a Boeing pilot in command prior to the completion of 

that aircraft model's Function and Reliability testing to the satisfaction of the FAA in 

accordance with 14 CFR Section 21.35 and Exemption No. XXXX. Prior to any transfer 

of physical custody of any model 767-2C airplane not in compliance with Exemption No. 

XXXX to any entity other than Boeing, Boeing must remove the data plate from that 

airplane. Additionally, the FAA would revoke the amendment to the TCDS that added 

the 767-2C model to the TCDS of the model 767. The text of this paragraph may only be 

removed from the TCDS of the Model 767 after such Function and Reliability testing is 

completed to the satisfaction of the FAA. 

All function and reliability testing per CFR 21.35 will be performed during A TC cettification 

flight testing , STC certification flight testing, or USAF Pilot Training. USAF Pilot Training is 

provided by Boeing for USAF pilots. Training covers standard USAF aerial refueling 

operations, which is proposed as an ideal environment to evaluate function and reliability. 

During testing, the aircraft will be under T,ype Inspection Authorization as is routinely required 

for certification projects. Additionally, aircraft used during pilot training to support function and 

reliability compliance will be operated in accordance with § 21.191 (f) and 21.195 while under a 

special (experimental) airworthiness certificate. Boeing will retain ownership, control, 

accountability and responsibility for the aircraft until successful completion of the function and 

reliability testing. 

All Part 21 findings of compliance are retained by the FAA. The FAA, at its discretion, may 

also rely on the US Government (USAF), and/or Boeing pilots to perform the FAA's function for 

testing. Additionally, Boeing will provide status reports to the FAA for all test flights involving 

function and reliability. Any issues/squawks identified in testing are proposed to be captured per 
Enclosure to RA-15-01006 

Page 4 of6 

Boeing Commercial Aircraft (BCA) standard process. Issues are proposed to be tracked and 

resolved using the standard BCA Process Instructions to ensure closure and transparency. 

Description of Issue 

The 767-2C is a commercial derivative freighter developed from the Boeing Model 767-200 with 

features from the 767-300F and 767-400ER, as well as systems from 777 and 787 commercial 

airplanes. It will be powered by Pratt and Whitney PW4062 engines. These engines were 

previously certified and are in use on Boeing Model 767-300 airplanes. As cet1ified within the 

ATC project, the 767-2C will be configured as a freighter with supernumerary carriage and inflight access to the Class E cargo compartment. 

Further modifications to the 767-2C aircraft will be accomplished by a subsequent Supplemental 

Type Cet1iticate (STC) project. The STC altered 767-2C aircraft will be utilized for operational 

flight segments to meet specific U.S. Government requirements as the KC-46 tanker replacement 

for KC-10 and KC-135. These operational flight segments will be performed after FAA issuance 

of the ATC. The basic operation of the 767-2C commercial freighter, its components, systems, 

and equipment will be fully exercised during these flight segments during which function and 

reliability testing will be performed. This allows substantiation of the function and reliability 

requirements using supplementary experience (the 767-2C basic airframe and Pratt& Whitney 

4062 engines have an extensive service history) in accordance with Advisory Circular (AC) 25-7 

while the aircratl: is in the ATC configuration with the addition of the STC. 

Completing the F&R testing atl:er ATC, but prior to initial entry into operational service allows 

for the necessary flight test hours to be accumulated on mission profiles that are representative of 

USAF tanker operations. These operational scenarios are considered ideal for compliance to 

§2l.35(a), (b )(2) and (f)(2). 

Statement of Public Interest 

It is in the public interest that the 767 -2C A TC project be granted a time-limited exemption to 

the function and reliability requirements. The exemption will provide the following benefits to 

the public. 

• The 767-2C will provide industry-leading operating economics, environmental 

improvements and operational capability to the USAF. Granting this petition will 

eliminate the need to add dedicated testing and extend the program schedule, thus 

delaying the new aircraft entry into public service. As a result, this exemption will 

reduce the U.S. Government operational (public) costs by facilitating the earlier entry 

into service of newer aircraft which reduces shot1 term operational costs and leads to 

greater USAF operational capability. These benefits will accrue with no decrease in 

safety. 
Enclosure to RA-15-01006 

Page 5 of6 

• The operational flight segments proposed for function and reliability testing exercise the 

767-2C under conditions expected in service as a tanker aircraft. This ensures planned 

testing of the combined ATC and STC configuration and would address any deficiencies 

found in either. The STC is additive, so its presence would not invalidate testing as 

applied to the A TC. 'rhis will provide greater levels of safety for USAF operators of the 

public aircraft. 

• This exemption will eliminate impacts related to 150 hours of dedicated flight testing. 

These include the environmental impact of burning approximately 250,000 gallons of 

additional jet fuel. 

Statement of No Adverse Effect on Safety 

The KC-46 tanker program has an extensive amount of testing requiring over 2000 flight test 

hours and 2500 ground test hours. This extensive testing encompasses both ATC and STC 

certification. All of this certification testing occurs prior to the proposed F&R testing and 

provides assurance that any safety issues are discovered and resolved. Therefore, deferring 

Function and Reliability testing will not result in any decrease in safety. 

Additionally, all necessary f1ight tests and any necessary change incorporation to support 14 

CFR Part 21 certification will be accomplished by Boeing before delivery to the USAF 

customer. The data gathered with the combined ATC and STC configuration will not invalidate 

the applicability of results to the ATC. Test operations of the airplanes are under conditions 

expected in service which will achieve the same level of safety as intended to ensure the aircraft, 

its components, and its equipment are reliable and function properly. As the requirements of 

§21.35(a), (b)(2) and (f)(2) will be substantiated prior to the 767-2C initial entry into operational 

service, granting of the exemption will not compromise safety. 

Request to 'Waive Publication and Comment' 

Not Requested 

Conclusion 

Granting relief from 14 CFR 2l.35(a) (b )(2) and (f)(2) for a limited time will allow Boeing to 

avoid duplicative testing while still accumulating the necessary test hours with intended inservice aircraft configuration, capabilities, and operations. Testing with the addition of the STC 

configuration is additive and does not invalidate test results as applied to the ATC. The public 

interest is served by supporting the earliest possible replacement of an aging fleet of public 

aircraft. The aging fleet has lower efficiency, higher maintenance costs and lesser operational 

capability. The approach to substantiate the function and reliability requirements will be 

completed prior to aircraft entry into service ensuring no decrease in safety. 
Enclosure to RA-15-01006 

Page 6 of6 

Privileges of this Exemption Outside the United States 

Boeing proposes to perform limited t1ights beyond U.S. Airspace in support of concurrent 

Function and Reliability testing. 

Summary to be Published in the Federal Register 

PETITIONER: Boeing Commercial Airplanes 

SECTION OF 14 CPR AFFECTED: 14 CPR 21.35(a), (b)(2) and (±)(2) Amendment 21-95 

DESCRIPTION OF RELIEF SOUGHT: To permit Boeing to accumulate additional flight test 

hours that represents the intended in-service aircraft configuration, capabilities, and operations 

after the approval of the ATC. These additional flight test hours will add assurance that the 767-

2C aircraft, its components, and its equipment are reliable and function properly in accordance 

with §21.35(b)(2). The exemption will allow relief from completing the tests required by 

§2l.35(a), (b)(2) and (f)(2) prior to ATC; the relief to defer testing for the 767-2C aircraft would 

not exceed initial entry into operational service.